Court Fixes October 26 Judgment in APC Primary Dispute

 

A Federal High Court decision expected in October has placed the internal processes of political parties and compliance with electoral rules at the centre of a fresh legal debate ahead of Nigeria’s 2027 general elections.

The case before the Federal High Court in Ibadan concerns the All Progressives Congress, APC, primary election for the Afijio, Atiba, Oyo East and Oyo West Federal Constituency, popularly known as Oyo Federal Constituency, where a party aspirant, Wakil Oyeleru Oyedemi, is challenging the process that produced Akeem Adeyemi as the party’s candidate.

Justice Nkeonye Evelyn Maha fixed October 26, 2026, for judgment in the suit marked FHC/IB/CS/64/2026 after lawyers representing the parties adopted their written addresses and made final submissions before the court.

Although the dispute is centred on one constituency in Oyo State, the legal questions it raises reflect a recurring issue in Nigeria’s electoral system: whether political party primaries meet the requirements of electoral laws, party guidelines and internal democratic procedures.

Oyedemi’s suit names APC as the first defendant, Akeem Adeyemi as the second defendant and the Independent National Electoral Commission, INEC, as the third defendant.

The plaintiff is asking the court to nullify the APC House of Representatives primary conducted for the constituency, alleging non compliance with the Electoral Act 2026 and the party’s guidelines for conducting primaries.

Among the issues raised by the plaintiff’s legal team was an argument that proper accreditation of party members did not take place in some areas of the constituency. Counsel for Oyedemi, Musibau Adetunbi, a Senior Advocate of Nigeria, relied on documents filed before the court, including materials attributed to INEC, to support the claim that the process did not comply with required procedures.

However, APC and Adeyemi have opposed the suit. Their lawyers argued that the primary was properly conducted and asked the court to dismiss the case. They maintained that the plaintiff’s claims lacked sufficient legal basis and challenged the procedure adopted in presenting evidence before the court.

INEC, represented by counsel A.F. Lawal, aligned with submissions seeking the dismissal of the case.

The court has not ruled on the claims, meaning the allegations and responses remain matters before the judiciary.

Nigeria’s political parties play a central role in determining candidates for elective offices. Under the country’s electoral system, candidates contesting major elections must emerge through processes recognised by their political parties and accepted within the framework established by electoral law.

Disputes arising from party primaries have historically generated significant litigation. The courts have repeatedly been asked to determine whether parties complied with their own constitutions, guidelines and electoral requirements.

The Supreme Court has previously held that political parties have broad powers to organise their internal affairs, but such powers must operate within the limits of the law and the rules established by the parties themselves.

The Oyo case therefore forms part of a wider pattern in which defeated aspirants challenge nomination processes, especially where they believe irregularities affected the outcome.

The dispute emerged as APC completed preparations for the 2027 general elections in Oyo State.

The party conducted its House of Representatives primaries in May 2026 and announced candidates for the state’s 14 federal constituencies. Akeem Adeyemi was listed as the candidate for Afijio, Atiba, Oyo East and Oyo West Federal Constituency.

The constituency is one of the 14 federal constituencies in Oyo State represented in the House of Representatives.

According to electoral records from previous election cycles, Oyo State has 14 House of Representatives seats, alongside three senatorial districts and 32 state assembly constituencies. The structure reflects Nigeria’s wider federal legislative arrangement created by the 1999 Constitution.

The 2027 election cycle is expected to generate increased competition as political parties begin consolidating candidates and campaign structures across the country.

Party primaries have become one of the most contested stages of Nigeria’s electoral process.

Under the Electoral Act, political parties are required to conduct primaries in accordance with legal provisions and submit the names of successful candidates to INEC.

The courts have generally maintained that election disputes involving party nominations must be considered within the legal framework governing political parties and electoral timelines.

However, disputes can become complicated because they often involve questions of internal party membership, accreditation records, voting procedures, delegates’ lists and compliance with party rules.

Electoral analysts have frequently identified transparency in party primaries as one of the factors affecting public confidence in Nigeria’s democratic process.

Nigeria has witnessed several major court battles over party nominations.

Ahead of previous general elections, courts have handled cases involving disputed governorship, senatorial and House of Representatives tickets. Some disputes have resulted in candidates losing nominations after courts found that party procedures did not comply with legal requirements.

At the same time, courts have also dismissed many challenges where plaintiffs failed to establish sufficient evidence or where legal requirements for challenging primaries were not met.

The outcome of each case depends on the evidence presented, applicable laws and the interpretation of the court.

The Federal High Court’s October 26 judgment will determine whether the APC primary in Oyo Federal Constituency remains valid or whether further legal steps will follow.

Until the court delivers its decision, Akeem Adeyemi remains the candidate recognised by APC for the constituency, while Oyedemi’s challenge remains unresolved.

The case highlights a broader issue facing Nigeria’s electoral system: ensuring that political parties balance internal competition with compliance with legal and democratic procedures.

As preparations for the 2027 elections continue, similar disputes may emerge across different states as aspirants seek to secure or challenge party nominations.